1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS 4 Teaching License of ) AND FINAL ORDER 5 BRIAN BARRY SAMORE ) OF REPRIMAND 6 On or about February 27, 2006, the Teacher Standards and Practices Commission 7 (Commission) received a report from the Sherwood School District that Brian Barry Samore 8 (Samore) presented an object lesson involving two students that presented a possibility of 9 encouraging a violent act and/or inflicting bodily harm to the students involved. 10 Mr. Samore fully cooperated with the Commission's investigation. After review of the 11 matters alleged, Mr. Samore and the Executive Director agree that their respective interests, 12 together with the public interest, are best sewed by a stipulation to certain facts and a public 1 3 reprimand. 14 This document sets forth the facts upon which the parties have agreed and the 15 stipulated sanction to be imposed. Mr. Samore stipulates that there is sufficient evidence in the 16 Commission's files and records to support the findings of fact, conclusions 0f law, and order set 17 forth below. 18 By signing below, Mr. Samore acknowledges, understands, stipulates, and agrees to the 19 following: (i) he has been fully advised of his rights to notice and a hearing to contest the 20 findings of fact, conclusions of law, and order set forth below, and fully and finally waives all 21 such rights and any rights to appeal or otherwise challenge this Stipulation of Facts and Final 22 Order of Reprimand (Stipulation and Final Order); (ii) this Stipulation and Final Order is a public 23 document and disclosed to the public upon request by the Commission; (iii) this Stipulation and 24 Final Order is contingent upon and subject to approval and adoption by the Commission. If the 25 Commission does not approve and adopt this Stipulation and Final Order, then neither Mr. 26 Samore nor the Commission are bound by the terms herein; (iv) he has fully read this 27 Stipulation and Final Order, and understands it completely; (v) he voluntarily, without any force 28 or duress, enters into this Stipulation and Final Order and consents to issuance and entry of the Page 1 STIPULATION OF FACTS AND ORDER 0F REPRIMAND ~SAMORE, BRIAN BARRY 1 Stipulated Final Order below; (vi) he states that no promises or representation has been made 2 to induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an attorney 3 regarding this Stipulation and Final Order and has been fully advised with regard to his rights 4 thereto, or waives any and all rights to consult with an attorney prior to entering into this 5 Stipulation and Final Order and issuance and entry of the Stipulated Final Order below. This 6 Order sets forth the facts upon which the parties have agreed and the sanction to be imposed. 7 Mr. Samore stipulates that there are sufficient facts contained in the Commission's files and 8 records to support the findings of fact and conclusions of law set forth below. In entering into 9 this stipulation, Mr. Samore waives the right to a hearing to contest the findings of fact, 10 conclusion of law and order set forth below. 11 STIPULATION OF FACTS 12 1. The Commission has licensed Mr. Samore since 1997. Mr. Samore currently holds a 13 Standard Administrative License valid March 1, 2006 through September 26, 2011. , 14 2. Mr. Samore served at Sherwood Middle School from 2003 through 2007 as Assistant 15 Principal. 16 3. On January 24, 2006 Mr. Samore attempted to resolve a disagreement between two 17 students with a history of conflict. 18 4. During the presentation of an object lesson where Mr. Samore intended to demonstrate the 19 hurtful nature of words, he placed two pairs of scissors on a desk between both students 20 and suggested they stab each other as a means of resolving their differences. 21 5. Mr. Samore then explained that the students‘ harsh words cut as deeply as the scissors 22 would and that in the end there really is no winner. 23 / / / 24 /// 25 /// 26 /// 27 /// Page 2 STlPULATION OF FACTS AND ORDER OF REPRIMAND —SAMORE, BRIAN BARRY 1 CONCLUSION OF LAW 2 Brian Barry Samore, in an attempt to teach and object lesson, gave two students 3 scissors and suggested they stab each other to resolve their differences. This conduct 4 constitutes Gross Neglect of Duty in violation of OAR 5845-020-0040(4)(n) as it incorporates 5 OAR 584-020-0010(5) (Use professional judgment). The Commission's authority to impose 6 discipline in this matter is based upon ORS 342.175 and OAR 584-020-0030(3). 7 /// ‘ 8 IT l f STlPU :V-D. 9 hr 1. I“ Mg 10 B ww' r Date 1; f ‘Zia/{1' 1 m M 13 Victoria Chem-Wen xecutive irector Date 14 Teacher Standards and Practices Commission 1 5 ORDER 16 The Commission hereby adopts the above findings of fact and imposes a Public 17 Reprimand upon the Licensure 0f Brian Barry Samore. This Order shall serve as the Public 1 8 Reprimand. 19 IT IS so ORDERED this flday of May, 2009. 20 TEACHER STANDARDS AND PRACTICES COMMISSION 21 ( 22 By: w é‘; gmw 23 Victoria Cha ain, Executive Director Page 3 STIPULATION OF FACTS AND ORDER OF REPRIMAND —SAMORE, BRIAN BARRY